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The Interstate Driver’s License Compact

The Interstate Driver’s License Compact

Like many other states, Oklahoma has enacted the Interstate Driver’s License Compact. The Interstate Driver’s License Compact (IDLC), 47 O.S. 781 et seq., is an agreement adopted by states who want to exchange information about license suspensions and traffic violations to other states in the U.S. Because each state has its own system for recording and tracking license suspensions and traffic violations, they do not communicate driver’s records to each other unless they have the IDLC in place. The IDLC gives states the power to communicate an out-of-state driver’s offenses to his home state. The home state then may treat the...

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Appearances Matter in the Courtroom

Appearances Matter in the Courtroom

Appearances matter in the courtroom, whether you are a party to the case, a witness, or a jury member. Criminal defendants who are attending court should take care to present a good appearance for the judge and jury to see. In a DUI or other criminal case, the defendant who is charged with a crime is on trial from the moment he first steps into a courtroom. Even though the real trial may not happen until later, his appearance at the arraignment and any pretrial hearings matters. They may not admit it, but the demeanor of a defendant or witness may...

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DUI Vehicle Forfeiture: Is It Legal?

DUI Vehicle Forfeiture - Is It Legal?

Oklahoma law permits DUI vehicle forfeiture, meaning the state could take your vehicle away because you violated DUI laws. Many citizens are shocked to learn that the courts allow civil asset forfeiture on a regular basis against criminal defendants. Not just any DUI driver can have his car seized. The law is very specific about which offenses could lead to forfeiture. First, you must have at least two DUI offenses on your record. If you have two offenses, the first one must be within 10 years of the second one, and at least one of the two offenses must have involved...

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Targeting, Quotas, and “Wolf Packs”

Targeting, Quotas, and Wolf Packs

When law enforcement take to the roads searching for people to ticket and arrest, often their patrols are not random. Police use techniques such as targeting, quotas, and “wolf packs” to locate people violating the law (or that they think are violating the law) and beef up arrest rates. Targeting Police departments target specific areas or specific people for DUI checks. In particular, most police departments schedule the locations of their sobriety checkpoints based on likely locations to catch drunk drivers. They monitor the dates of local events such as concerts and schedule checkpoints near exits from the concert venue, or they...

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Even More Problems with Breath Tests

Even More Problems with Breath Tests

Yes, there are even more problems with breath tests than discussed in previous blogs. From making modifications to the Intoxilyzer, the most commonly used breath testing device, to faking records and altering software, the problems with using breath tests as evidence of driving under the influence seem to never end. A surprising case in Florida from a few years ago showcases how even minor modifications to the Breathalyzer can lead to a strong defense to DUI charges in court. Apparently Breathalyzer manufacturer CMI Inc. did not tell the National Highway Traffic Safety Administration that the company had made seventeen modifications to...

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What Is the Daubert Standard and Why Does It Matter for DUI Cases?

What Is the Daubert Standard and Why Does It Matter for DUI Cases?

The Daubert standard for evaluation of expert witness testimony becomes very important in DUI defenses based on scientific evidence. Use of scientific experts is on the rise in DUI defense, but more than half the battle is getting an expert before the court in the first place. When prosecutors try to exclude an expert witness’s testimony, the trial court uses the Daubert standard (as adopted by Oklahoma) to decide whether to allow it into court. The Daubert standard comes from a Supreme Court case, Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993). In the case, the court created a...

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The Oklahoma Citizen’s Arrest

The Oklahoma Citizen’s Arrest

In Oklahoma, a private citizen may arrest a person if the citizen has reasonable cause to believe the person has committed a crime. The arrest is known as a citizen’s arrest. Arrests by citizens are very similar to arrests by police officers: the citizen may restrain a suspected criminal and then deliver him to a police officer or the stationhouse. 22 O.S. § 22-187. Just as police officers must have probable cause to arrest a suspect, citizens must also have probable cause. Because most citizens have not been trained in arrest and restraint procedures, it may be easier to challenge your...

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What Is a Motion to Suppress?

What Is a Motion to Suppress?

A lawyer defending a client accused of driving under the influence frequently will file a motion to suppress evidence on the client’s behalf. A motion to suppress asks the court to suppress, or not allow to be used in court, a certain piece of evidence. The motion argues that the evidence should not be used in court because it was obtained illegally, it is tainted, or for some other similar reason. Motions to suppress arise from the exclusionary rule in criminal cases. The exclusionary rule states that defendants have the right to have excluded from trial any evidence that was...

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Driving with Alcohol in the Car: What You Need to Know

Driving with Alcohol in the Car - What You Need to Know

If you are driving with alcohol in your car, even a newly purchased bottle, make sure you understand Oklahoma law on transporting open containers. The law prohibits not only drinking while driving a motor vehicle, but also transporting any container of alcohol that has been opened, even if you are not drinking from it. Oklahoma’s open container law makes it a misdemeanor, punishable by a $500 fine and six months in jail, to “[k]nowingly transport in any vehicle upon a public highway, street or alley any alcoholic beverage except in the original container which shall not have been opened”. 37 O.S....

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How Police Spot Drunk Drivers

How Police Spot Drunk Drivers

Police patrolling the roadways spot drunk drivers by observing their driving patterns and watching for telltale signs of intoxication during traffic stops. Signs of Intoxication While Driving First, law enforcement officers look for signs of intoxication or impairment while a driver is operating a vehicle. These signs may include reckless driving, weaving in a lane or in and out of multiple lanes, nearly striking an object or vehicle, going left of center, driving into opposing or crossing traffic, driving too slowly, driving with inconsistent speed, slow response to traffic signals, failure to signal, turning abruptly or illegally, braking erratically, or stopping for...

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